The Italian Competition Authority rules that exchanges of information through a third party between competing insurance companies is anti-competitive regardless of the non-concentrated nature of the market (Iama Consulting)

In 2004, two cases on exchanges of information between competitors were decided by the Italian competition authority (“AGCM” – the Autorità Garante per la Concorrenza ed il Mercato). This revived a lively debate on the conditions in which these practices should be prohibited and whether they are anticompetitive per se. Over the years, the AGCM has taken a firm stand against such practices, in some cases beyond that taken by the European Commission and the European Court. This article reviews the rules and outlines the innovative approach that the AGCM has recently adopted. AGCM’s case law on information exchanges In the early years of its enforcement practice, the AGCM largely followed EU rulings, relying mainly on two factors: (i) the type and quality of the information exchanged, and

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Antonio Capobianco, Stefano Fratta, The Italian Competition Authority rules that exchanges of information through a third party between competing insurance companies is anti-competitive regardless of the non-concentrated nature of the market (Iama Consulting), 9 October 2003, e-Competitions October 2003, Art. N° 37041

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